A California judge has halted a union effort at one of the state鈥檚 most powerful agricultural businesses, throwing into question the future of a 2023 law that made it easier for farmworkers to unionize.
The challenge was brought by the Wonderful Company, known for their pistachios, POM pomegranate juices and Halos tangerines. This spring, the state had certified a union at one of its nurseries that the company contested, setting off a flurry of legal filings.
In a ruling issued Thursday night, Kern County Superior Court Judge Bernard C. Barmann, Jr. wrote that the company was being 鈥渇orced to comply with a process that is likely unconstitutional.鈥�
The decision halts every union-related proceeding at the company. That includes a weeks-long hearing the state Agricultural Labor Relations Board was holding over the disputed unionization, and over state officials鈥� allegations that the company illegally persuaded workers to revoke their support for the union. It also includes mediation to impose a collective bargaining agreement, which the labor board ordered last week.
鈥淲e are gratified by the Court鈥檚 decision to stop the certification process until the constitutionality of (the new law) can be fully and properly considered,鈥� the Wonderful Company wrote in a statement. 鈥淚t is a victory for farmworkers, who, like all citizens, deserve the basic right to a fair election, a secret ballot, and a process free of fraud.鈥�
While the decision is limited to the Wonderful Co., it鈥檚 not yet clear whether it will prompt the state to pause other farmworker union cases, some of which are also being challenged by employers. The Agricultural Labor Relations Board is 鈥渃arefully reviewing the ruling and currently has no further comment,鈥� executive secretary Santiago Avila-Gomez said today.
The Wonderful case would have been the third and most prominent victory for the United Farm Workers under the law. They in 2022 by marching to Sacramento and securing President Joe Biden鈥檚 public support.
It was hailed as a symbol of the UFW鈥檚 resurgence during a post-pandemic period of rising labor activity, after and a stinging 2021 U.S. Supreme Court defeat that made it much more difficult for union organizers to talk to workers on growers鈥� property.
In a statement, UFW spokesperson Elizabeth Strater said the union hopes an appeals court overturns Thursday鈥檚 ruling.
鈥淭he ruling ignores 89 years of labor law precedent saying an employer must go through the election objections process before seeking judicial intervention,鈥� Strater said. 鈥淭here is already a process to address wrongdoing in elections and Wonderful was in the middle of that process.鈥�
Here鈥檚 what to know about farmworker unionization in California:
Why did farmworkers and advocates want the new law?
The law allows California farmworkers to form unions using the 鈥渃ard check鈥� method, common for public sector unions, that involves turning in signed cards supporting a union from a majority of workers, rather than by holding an in-person election at work as previously required.
Workers鈥� advocates argued this protects workers from employer pressure and retaliation, which they say farmworkers often face, especially more than half are undocumented immigrants. Growers pushed back, arguing there would be little way for employers to check the validity of the signed cards.
How many farms have unionized?
Since last fall, the Agricultural Labor Relations Board has certified five farmworker unions under the new law, board records show, including at Wonderful Nurseries.
The rollout hasn鈥檛 been smooth.
Growers鈥� associations have spent millions running advertisements on Spanish radio networks and other platforms discouraging farmworkers from unionizing, The industry has also objected to what they say is confusion in how the new law works; the labor board this month was still scheduling hearings on formal regulations to implement the law.
Four of the five employers have objected to the new unions, which prompts the board to investigate and hold administrative hearings.
is a nonprofit, nonpartisan media venture explaining California policies and politics.